Chapter 440

440.032(4m)(c) (c) Interpretation in mental health settings.

440.032(4m)(c)1. 1. No sign language interpreter—intermediate deaf licensee may provide sign language interpretation services to a client in any setting related to treatment, as defined in s. 51.01 (17), involving mental health, as determined by the department after receiving advice from the committee.

440.032(4m)(c)2. 2. Beginning on September 1, 2023, no sign language interpreter—advanced hearing or sign language interpreter—advanced deaf licensee may provide sign language interpretation services to a client in any setting related to treatment, as defined in s. 51.01 (17), involving mental health, as determined by the department after receiving advice from the committee, unless the licensee satisfies requirements established by the department by rule after receiving advice from the committee.

440.032(5) (5) License renewal. The renewal dates for licenses granted under sub. (3) are specified in s. 440.08 (2) (a) 68c. Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a) and evidence satisfactory to the department that the person’s certification or membership specified in sub. (3) that is required for the license has not been revoked or invalidated.

440.032(5m) (5m) Identification cards. The department, after receiving advice from the committee, may promulgate rules requiring all interpreters licensed under sub. (3) to have an identification card with them at all times while providing sign language interpretation services to clients for compensation. The department shall issue the identification card in the format determined by the department. The identification card issued to a licensee for purposes of this subsection shall satisfy all of the following conditions:

440.032(5m)(a) (a) Include all of the following:

440.032(5m)(a)1. 1. The interpreter’s full name.

440.032(5m)(a)2. 2. The interpreter’s licensure category, whether sign language interpreter—intermediate hearing, sign language interpreter—advanced hearing, sign language interpreter—intermediate deaf, or sign language interpreter—advanced deaf.

440.032(5m)(a)3. 3. Any applicable licensure restriction.

440.032(5m)(a)4. 4. A statement whether the interpreter is authorized by the supreme court to act as a qualified interpreter in court proceedings under s. 885.38 (2) and whether that authorization is provisional.

440.032(5m)(a)5. 5. Any other information required by the department.

440.032(5m)(b) (b) Be color-coded based on the interpreter’s licensure category identified under par. (a) 2. An intermediate license shall be yellow. An advanced license shall be green.

440.032(6m) (6m) Sign language interpreters advisory committee.

440.032(6m)(a) (a) The secretary shall appoint an advisory committee under s. 440.042 that shall be called the sign language interpreters advisory committee. The committee shall consist of the secretary or a designee and the following 8 members:

440.032(6m)(a)1. 1. Five deaf or hard of hearing individuals who are or have been clients of a sign language interpreter, at least one of whom is a graduate of a residential school for the deaf or hard of hearing and at least one of whom is a graduate of a private or public school that is not a residential school for the deaf or hard of hearing.

440.032(6m)(a)2. 2. Two interpreters licensed under this section, at least one of whom holds a license under sub. (3) (c) to (f).

440.032(6m)(a)3. 3. One individual who is not deaf or hard of hearing and who has obtained, or represents an entity that has obtained, sign language interpreter services for the benefit of another who is deaf or hard of hearing.

440.032(6m)(b) (b) The committee shall do all of the following:

440.032(6m)(b)1. 1. Advise the department on all of the following:

440.032(6m)(b)1.a. a. Matters related to the department’s enforcement of this section.

440.032(6m)(b)1.b. b. Granting exemptions under sub. (2) (c).

440.032(6m)(b)1.c. c. Licensure requirements under sub. (3).

440.032(6m)(b)1.d. d. Promulgating the rules defining the scope of practice under sub. (4m).

440.032(6m)(b)1.e. e. Promulgating the rules relating to identification cards under sub. (5m).

440.032(6m)(b)1.f. f. Promulgating the rules governing professional conduct under sub. (7) (b).

440.032(6m)(b)2. 2. Consult with the department concerning investigations under sub. (8).

440.032(6m)(c) (c) The committee shall submit to the secretary, upon request of the secretary not more often than annually, a report on the operation of the committee.

440.032(7) (7) Rule making.

440.032(7)(a) (a) The department may not promulgate rules that impose requirements for granting a license that are in addition to the requirements specified in sub. (3).

440.032(7)(b) (b) The department, after receiving advice from the committee, may promulgate rules governing the professional conduct of individuals licensed under sub. (3). The rules shall incorporate the rules of professional conduct adopted by the National Association of the Deaf, or its successor, and the Registry of Interpreters for the Deaf, or its successor, or a substantially equivalent organization, as determined by the department after receiving advice from the committee.

440.032(7m) (7m) Submitting complaints. The department shall facilitate the submission of complaints concerning alleged violations of this section or rules promulgated under this section, including by accepting complaints submitted by mail.

440.032(8) (8) Disciplinary proceedings and actions. Subject to the rules promulgated under s. 440.03 (1), the department may make investigations and conduct hearings to determine whether a violation of this section or any rule promulgated under this section has occurred and may reprimand a person who is licensed under sub. (3) or may deny, limit, suspend, or revoke a license granted under sub. (3) if it finds that the applicant or licensee has violated this section or any rule promulgated under this section.

440.032(9) (9) Penalty. A person who violates this section or any rule promulgated under this section may be fined not more than $200 or imprisoned for not more than 6 months or both.

440.032 History History: 2009 a. 360; 2019 a. 17; 2021 a. 239 ss. 63, 64, 74.

440.032 Cross-reference Cross-reference: See also chs. SPS 200 to 204, Wis. adm. code.

440.035 440.035 General duties and powers of examining boards and affiliated credentialing boards.

440.035(1m) (1m) Subject to subs. (1p) and (1r), each credentialing board shall:

440.035(1m)(a) (a) Independently exercise its powers, duties and functions prescribed by law with regard to rule-making, credentialing and regulation.

440.035(1m)(b) (b) Be the supervising authority of all personnel, other than shared personnel, engaged in the review, investigation, or handling of information regarding qualifications of applicants for credentials, examination questions and answers, accreditation, related investigations, and disciplinary matters affecting persons who are credentialed by the credentialing board, or in the establishing of regulatory policy or the exercise of administrative discretion with regard to the qualifications or discipline of applicants or persons who are credentialed by the credentialing board or accreditation.

440.035(1m)(c) (c) Maintain, in conjunction with their operations, in central locations designated by the department, all records pertaining to the functions independently retained by them.

440.035(1m)(d) (d) Compile and keep current a register of the names and addresses of all persons who are credentialed to be retained by the department and which shall be available for public inspection during the times specified in s. 230.35 (4) (a). The department may also make the register available to the public by electronic transmission.

440.035(1p) (1p) Notwithstanding chs. 440 to 480, a credentialing board may delegate authority to the department to make determinations regarding whether an applicant satisfies the requirements to be granted a credential and may delegate authority to the department to grant or deny a credential in accordance with that determination.

440.035(1r) (1r) Notwithstanding chs. 440 and 480 [chs. 440 to 480], after the department submits a completed application for a credential to a credentialing board or the designee of the credentialing board under s. 440.03 (13) (a) 2. a. for which the department recommends approval or approval with limitations and does not recommend further review by the credentialing board or the credentialing board’s designee, the application shall be considered to have been approved by the credentialing board in accordance with the department’s recommendation on the 10th business day following the date of submission, unless one of the following occurs prior to that date:

440.035 Note NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.

440.035(1r)(a) (a) The credentialing board or the credentialing board’s designee approves or denies the credential.

440.035(1r)(b) (b) The credentialing board or the credentialing board’s designee makes a determination that additional time is required to make a determination on the application, not to exceed any deadline established by the department under s. 440.03 (1m).

440.035(1r)(c) (c) The credentialing board or the credentialing board’s designee determines that an applicant must complete an additional examination, if the credentialing board has the authority to require such an examination.

440.035(1r)(d) (d) The credentialing board makes a request, subject to s. 103.35, for further information from the applicant in order to make a determination on the application.

440.035(2) (2) Except as otherwise permitted in chs. 440 to 480, a credentialing board may require a credential holder to submit proof of the continuing education programs or courses that he or she has completed only if a complaint is made against the credential holder.

440.035(2m) (2m) 

440.035(2m)(a) (a) In this subsection, “controlled substance” has the meaning given in s. 961.01 (4).

440.035(2m)(b) (b) The medical examining board, the physician assistant affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, or the optometry examining board may issue guidelines regarding best practices in prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.

440.035(2m)(c) (c)

440.035(2m)(c)1. 1. The medical examining board, the physician assistant affiliated credentialing board, the podiatry affiliated credentialing board, the board of nursing, the dentistry examining board, and the optometry examining board shall, by November 1 of each year, submit a report to the persons specified in subd. 2. that does all of the following:

440.035(2m)(c)1.a. a. Details proactive efforts taken by the board to address the issue of opioid abuse. The board shall specify whether the board has required, or otherwise encouraged, continuing education related to prescribing controlled substances for persons credentialed by that board who are authorized to prescribe controlled substances.

440.035(2m)(c)1.b. b. Sets goals for addressing the issue of opioid abuse, as that issue pertains to or implicates the practices of the professions regulated by the board.

440.035(2m)(c)1.c. c. Describes the actions taken by the board so that the goals described in subd. 1. b. that were identified in the board’s previous reports under this paragraph can be achieved, whether those goals have been achieved, and, if the goals have not been achieved, the reasons therefor.

440.035(2m)(c)2. 2. A report under subd. 1. shall be submitted to all of the following:

440.035(2m)(c)2.a. a. Any committee, task force, or other body or person designated by the governor.

440.035(2m)(c)2.b. b. To the appropriate standing committees of the legislature with jurisdiction over health issues under s. 13.172 (3).

440.035 History History: 1977 c. 418 ss. 25, 793, 929 (41); 1979 c. 32 s. 92 (1); 1979 c. 34; 1989 a. 56 s. 259; 1991 a. 39; 1993 a. 107; 1997 a. 27, 191, 237; 2015 a. 269; 2017 a. 59, 262; 2021 a. 23, 118.

440.04 440.04 Duties of the secretary. The secretary shall:

440.04(1) (1) Centralize, at the capital and in such district offices as the operations of the department and the attached examining boards and affiliated credentialing boards require, the routine housekeeping functions required by the department, the examining boards and the affiliated credentialing boards.

440.04(2) (2) Provide the bookkeeping, payroll, accounting and personnel advisory services required by the department and the legal services, except for representation in court proceedings and the preparation of formal legal opinions, required by the attached examining boards and affiliated credentialing boards.

440.04(3) (3) Control the allocation, disbursement, and budgeting of the funds received by the examining boards and affiliated credentialing boards in connection with their credentialing and regulation, including the reimbursement of board members for actual and necessary expenses, including travel expenses, incurred in the performance of their duties.

440.04(4) (4) Employ, assign and reassign such staff as are required by the department and the attached examining boards and affiliated credentialing boards in the performance of their functions.

440.04(5) (5) With the advice of the examining boards or affiliated credentialing boards:

440.04(5)(a) (a) Provide the department with such supplies, equipment, office space and meeting facilities as are required for the efficient operation of the department.

440.04(5)(b) (b) Make all arrangements for meetings, hearings and examinations.

440.04(5)(c) (c) Provide such other services as the examining boards or affiliated credentialing boards request.

440.04(6) (6) Appoint outside the classified service an administrator for any division established in the department and a director for any bureau established in the department as authorized in s. 230.08 (2). The secretary may assign any bureau director appointed in accordance with this subsection to serve concurrently as a bureau director and a division administrator.

440.04(7) (7) Unless otherwise specified in chs. 440 to 480, provide examination development, administration, research and evaluation services as required.

440.04 History History: 1977 c. 418 s. 26; 1979 c. 34; 1981 c. 20; 1985 a. 29; 1987 a. 27; 1989 a. 316; 1991 a. 39; 1993 a. 102, 107; 1995 a. 333; 2003 a. 270; 2011 a. 32; 2017 a. 329.

440.042 440.042 Advisory committees.

440.042(1) (1) The secretary may appoint persons or advisory committees to advise the department and the boards, examining boards, and affiliated credentialing boards in the department on matters relating to the regulation of credential holders. A person or an advisory committee member appointed under this subsection shall serve without compensation, but may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.

440.042(2) (2) Any person who in good faith testifies before the department or any examining board, affiliated credentialing board or board in the department or otherwise provides the department or any examining board, affiliated credentialing board or board in the department with advice or information on a matter relating to the regulation of a person holding a credential is immune from civil liability for his or her acts or omissions in testifying or otherwise providing such advice or information. The good faith of any person specified in this subsection shall be presumed in any civil action and an allegation that such a person has not acted in good faith must be proven by clear and convincing evidence.

440.042 History History: 1993 a. 16 ss. 3269, 3299; 1993 a. 107; 1997 a. 156; 1999 a. 32; 2005 a. 292; 2015 a. 192.

440.043 440.043 Behavioral health review committee.

440.043(1) (1) The secretary shall appoint an advisory committee under s. 440.042 to provide advice concerning behavioral health. The advisory committee shall semiannually conduct a review of the requirements for obtaining a credential under s. 440.88 or subch. I of ch. 457 or for other credentials related to behavioral health.

440.043(2) (2) The advisory committee shall accept comments from the public related to its review under sub. (1). Before conducting a review under sub. (1), the department shall publish a class 1 notice under ch. 985 and shall publish notice on its Internet site announcing the opportunity for public comment.

440.043(3) (3) The advisory committee established under sub. (1) may propose changes in statutes and rules to the department; the marriage and family therapy, professional counseling, and social work examining board; or other appropriate credentialing board.

440.043 History History: 2017 a. 262; 2023 a. 55.

440.045 440.045 Disputes. Any dispute between an examining board or an affiliated credentialing board and the secretary shall be arbitrated by the governor or the governor’s designee after consultation with the disputants.

440.045 History History: 1977 c. 418 s. 27; 1979 c. 34; 1993 a. 107.

440.045 Annotation Discussing the relationship among the department, cosmetology examining board, and governor. 70 Atty. Gen. 172.

440.05 440.05 Standard fees. Subject to s. 440.052, the following standard fees apply to all initial credentials, except as provided in ss. 440.51, 444.03, 444.11, 446.02 (2) (c) 1., 447.04 (2) (c) 2., 448.07 (2), 449.17 (1m) (d), and 449.18 (2) (d):

440.05(1) (1) 

440.05(1)(a) (a) Initial credential: An amount determined by the department under s. 440.03 (9) (a). Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department, except that no fee is required under this paragraph for an individual who is eligible for the veterans fee waiver program under s. 45.44.

440.05(1)(b) (b) Examination: If an examination is required, the applicant shall pay an examination fee to the department. If the department prepares, administers, or grades the examination, the fee to the department shall be an amount equal to the department’s best estimate of the actual cost of preparing, administering, or grading the examination. If the department approves an examination prepared, administered, and graded by a test service provider, the fee to the department shall be an amount equal to the department’s best estimate of the actual cost of approving the examination, including selecting, evaluating, and reviewing the examination.